PARLIAMENT

ABSTRACT:
Parliament is the supreme legislative body of India. The Indian Parliament consists of the
President and the two Houses, i.e., The Rajya Sabha (Council of States) and The Lok Sabha
(House of the People). The President has the power to summon either House of the Parliament or
to dissolve Lok Sabha. The Constitution of India came into force on January 26, 1950. The first
general elections under the new Constitution were held during the year 1951-52 and the first
elected Parliament came into existence in April, 1952.
In contemporary politics and historical contexts, a parliament serves as a governmental
legislative body with three primary functions: representing the electorate, enacting laws, and
overseeing the government through hearings and inquiries. The term is akin to the concepts of a
senate, synod, or congress and is commonly associated with countries that have current or past
monarchies. While some contexts limit the use of "parliament" to parliamentary systems, it is
also applied to describe the legislature in certain presidential systems, such as the Parliament of
Ghana, even if not explicitly mentioned in the official name.
Keywords: Legislative Body, Council of state, House of the People, Electorate, Senate, Synod.

INTRODUCTION:
In India, the parliamentary form of government is based on the principle of collective
responsibility, where the Prime Minister and his Council of Ministers are accountable to the
lower House of Parliament, known as the Lok Sabha. In this system, the Parliament holds a
central and significant role. The Parliament is composed of representatives who are elected by
the people. These elected members are responsible for making laws and overseeing the
functioning of the executive branch on behalf of the people. They play a crucial role in
legislating and controlling the actions of the government.
The Prime Minister and his Council of Ministers hold power as long as they have the confidence
of the Lok Sabha. If a vote of no confidence is passed against the Prime Minister and his Council
of Ministers in the Lok Sabha, they can be removed from power. This demonstrates the influence
and authority that the Parliament possesses in our parliamentary system. Overall, the Parliament
in India is the most important organ of the government. It is the voice of the people, and through
their elected representatives, the Parliament ensures that the government remains accountable
and responsive to the needs and aspirations of the citizens.
THE PARLIAMENT OF INDIA
The Parliament of India is like a big group that decides on the rules and laws for the whole
country. It has two parts: Lok Sabha and Rajya Sabha.
 Lok Sabha (House of the People): People from different parts of India vote to choose
members for Lok Sabha. These members help make important laws and represent what
people want.
  Rajya Sabha (Council of States): Members for Rajya Sabha are not directly chosen by
people. Instead, they are elected by other elected members. Rajya Sabha represents
different states and union territories and gives their input on laws.
The President of India is also part of the Parliament. They talk to both houses, approve bills,
and start or end the meetings. The Parliament is where people discuss and decide on things that
affect the whole country. It follows the rules in the Constitution of India, which tells how it
should work and what it can do.
Qualification and Tenure of both the houses of Parliament1:
1. Lok Sabha:
To be a member of the Lok Sabha, a person must:
 Be a citizen of India.
 Be at least 25 years old.
 Possess the right to vote.
 Not hold any office of profit under the government
Tenure:
 The term of the Lok Sabha is five years, if not dissolved earlier.
 Elections must be held before the expiration of the five-year term to form a new Lok
Sabha.
 The President has the authority to dissolve the Lok Sabha before the completion of its
term if advised by the Prime Minister or in the case of a political deadlock.

Speaker: The leader of Lok Sabha is called the Speaker, chosen by the members. The
Speaker continues even if Lok Sabha ends until the next one picks a new Speaker. If the
Speaker isn't there, a Deputy Speaker takes over, elected by the House. Both the Speaker
and Deputy Speaker can be removed if most Lok Sabha members agree.

2. Rajya Sabha:

Qualifications:
 Must be at least 30 years old.
 Must be a citizen of India.
 Must possess qualifications as prescribed by Parliament.
Tenure:
 Members serve a term of six years.
 One-third of the members retire every two years, which ensures continuity.
 Re-election is possible, and members can serve multiple terms.

1. The Indian Constitution Article 83 amended by the Constitution (Eighth amendment) Act 2000.
Head: The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha,
presiding over its meetings. In the Vice-President's absence, the Deputy Chairman takes
charge, elected by Rajya Sabha members. The Deputy Chairman can be removed by majority
agreement among members. However, removing the Vice-President requires agreement from
both Rajya Sabha and Lok Sabha members. As Chairman, the Vice-President typically
refrains from voting unless there is a tie, in which case they cast the deciding vote.

Roles and Functions of the Parliament:

1. Legislative Functions: Parliament is a law-making body that makes rules and laws for
the entire country. There are different lists that divide the topics on which laws can be
made. The Parliament can make laws on the Union List, which has 97 subjects. It can
also make laws on the Concurrent List, where both the Centre and States can make laws.
If there's a conflict between the central and state laws on the Concurrent List, the central
law is followed.
If a subject isn't on any list, the Parliament can still make laws about it. So, Parliament
has a broad power to make laws that cover many areas, including Union and Concurrent
Lists, and sometimes even the State List.
2. Executive Functions: In a parliamentary system of government, there's a close link
between the legislature and the executive. The executive, including the Prime Minister
and Council of Ministers, is accountable to the legislature, particularly the Parliament.
The Parliament has the authority to hold the executive responsible for its actions. This
accountability is not only through extreme measures like a vote of no confidence but also
through routine ways.
These regular methods ensure that Parliament maintains oversight and control over the
executive's actions.
3. Financial Functions: The Parliament performs important financial functions. It
safeguards the public money and controls the entire purse of the Central Government.
The approval of parliament is needed. This approval may be taken before the actual
spending or in rare cases after the spending. The budget is approved by the Parliament
every year.
4. Electoral Functions: The elected member of Parliament forms the Electoral College for
Presidential election. As such, they participate in the election of the President of India
and also elect the Vice-President. The Lok Sabha elects its Speaker and Deputy Speaker
and the Rajya Sabha elects its Deputy Chairman through simple majority of their houses.
5. Power of Removal: Parliament in India has the power to remove certain officials
through processes like impeachment, vote of no confidence. This includes the removal of
the President, Vice-President, and Judges of the Supreme Court and High Courts. The
procedures are outlined in the Constitution or relevant laws, ensuring accountability and
adherence to constitutional principles.
6. The Amendment of the Constitution: The Parliament of India has the authority to
amend the constitution. The process involves proposing changes through a bill, which
must be passed by a special majority in both houses of Parliament. The President's assent
is then required to enact the amendment. But certain provisions only be amended by the
Parliament with the approval of States. However, India being a federal State, the
amending power of the Parliament is highly limited. The Supreme Court has given the
 basic structure doctrine and said that the Parliament cannot change the basic structure of
the Constitution.

LAW MAKING PROCEEDURE IN THE PARLIAMENT:

Parliament- The legislative body of the government is responsible for making important
decisions and creating laws for the country. Whenever a new law needs to be implemented, it
begins as a bill introduced in the parliament. Through debates and negotiations, parliament
members discuss the merits and drawbacks of the proposed law before it is passed. Following
approval from the parliament, the President reviews the law, and upon granting consent, it is
enforced nationwide. Any proposed law presented in the parliament is referred to as a bill. Once
a bill receives Presidential approval, it transforms into a law and is applied to the general public.
There are two main types of bills passed in the parliamentary house:
1. Ordinary Bill2: Under Article 107 and 108 of the Indian Constitution, any law which is
not related to monetary or financial matter is known as an Ordinary bill. It can be
proposed by the ministers or the private members of the Parliament and every member of
the parliament has the right to introduce an ordinary bill. These bills require a simple
majority of the house for approval. There are two types of ordinary bills: Private
Member's Bills and Government Bills. A Private Member's Bill is introduced by a
member of Parliament and not a minister. A Government Bill is introduced by a minister
of the Central Government. Approval of these bills into law often requires significant
time and effort
Procedure involved:
 Introduction: This stage is also known as First reading of the bill. In this stage, the
Minister informs the presiding officer about the bill and seeks approval for its
introduction. If it is approved, the Minister introduces the bill to the House.
 Consideration: This stage of the Ordinary bill is known as the second reading the bill.
During this stage, the House has options to either discuss the bill in detail, refer it to a
committee for examination, circulate it for public opinion, or directly proceed to a vote. If
referred to a committee, it scrutinizes the bill and submits a report.
 Passage: This stage is the last reading session of the ordinary bill which is known as third
reading. The members may oppose or support the adoption of the bill, by a simple
majority of members present and voting and the bill to be passed without further
discussion. Members vote on the bill, and if approved by a simple majority, it proceeds to
the other house for its consideration.
 Review by Other House: If passed by one house, the bill goes to the other house where a
similar process occurs. Consequences may include passage with or without amendments,
rejection, or deadlock resolution through a joint sitting of both houses.
 President's Assent: After passing both houses or a joint sitting, the bill is sent to the
President for assent. The President can give assent, suggest changes, or withhold assent.
If there is any conflict in both the houses regarding the bill, the president shall have the
power to call for a joint session of both the houses with the speaker of the Lok Sabha as a
presiding officer of the meeting. If both houses pass the bill, again the President must
give assent. If no action is taken by the President, the bill lapses.
2. Money Bill3: Under Article 110 of the Indian Constitution, Money bill, as its name suggests
are bills which are related to matters requiring financial support or investment, such as
taxation, borrowing, or lending of money. They are exclusively introduced in the Lok Sabha
after obtaining prior approval from the President. They hold greater importance in the Lok
Sabha compared to the Rajya Sabha, where the latter has limited powers concerning money
bills.
Procedure Involved: The money bill follows a process similar to an ordinary bill, but with
specific considerations:
 A money bill can only be introduced in the Lok Sabha with prior approval from the
President.
 After passing the Lok Sabha, the bill goes to the Rajya Sabha, which has 14 days to
consider and report on it.
 The Rajya Sabha cannot reject the money bill; it can only accept it or make
recommendations.
 If recommendations are made, the bill returns to the Lok Sabha, which can either accept
or reject them. The bill then proceeds to the President for assent without returning to the
Rajya Sabha.
 If the Rajya Sabha does not return the bill within 14 days, it is deemed to have been
passed by both houses and sent to the President for assent.

BUDGET: The Budget is an annual financial statement that outlines expected revenue and
expenditure of public funds. The process involves the Finance Ministry and the entire
government and presented by the Finance Minister in the Lok Sabha.
In India, the budget consists of two parts: The Railway Budget and the General Budget. The
Railway Minister typically presents the Railway Budget in February, while the Finance Minister
presents the General Budget on the First working day of February. The budget presentation
includes the Finance Minister's speech and the introduction of the Finance Bill, containing
taxation proposals.

CONCLUSION: The Parliament of India, consisting of the Lok Sabha and the Rajya Sabha, is
essential to the country's democratic governance. It plays a vital role in lawmaking, policy
formulation, and overseeing the executive branch. Representing diverse interests, it ensures
government accountability and transparency. Through legislative functions, the Parliament
addresses national issues, enacts laws, and shapes policies affecting citizens' lives. It provides a
platform for robust debate and discussion on crucial matters. Additionally, it exercises control
over the executive through questioning and debates, ensuring responsiveness to public needs.
Overall, the Parliament embodies democratic principles, upholding the rule of law and promoting
national welfare.

2. The Indian Constitution Article 107 and 108 amended by the Constitution (Eighth amendment) Act 2000
3. The Indian Constitution Article 110 amended by the Constitution (Eighth amendment) Act 2000

References:
 NIOS Political Science class 12th CBSE book 20th Edition.
https://nios.ac.in/media/documents/srsec317newE/317EL11.pdf
 Brief note on Parliament of India by Unacademy.
https://unacademy.com/content/railway-exam/study-material/polity/brief-note-on-the-
parliament-of-india/
 Indian parliament explanation
https://www.india.gov.in/my-government/indian-parliament
 Constitution of India (as amended by the 104th Constitutional Amendment Act) 2020.